04/26/2017

The Court upheld the determination of the Merit Systems Protection Board (MSPB), in a three-page, non-precedential, decision that regardless of how many of its non-discretionary (i.e. "shall" duties) statutory duties to protect federal agency employees from reprisal that the US Office of Special Counsel (OSC) may violate, OSC's law-breaking does not create the "personnel action" of "any other significant change in working conditions" of the employee who seeks its protection because OSC is not their employer.

Mr. Carson intends to file a petition for panel rehearing, requesting the Court to issue a precedential decision, because Congress is currently considering legislation to re-authorize both OSC and MSPB, and the Court's reasoning, particularly if elaborated in a precedential decision, could persuade Congress to legislatively overturn the Court's reasoning.

If there much chance the Court will reconsider its decision, at least to issue a longer, more reasoned, precedential decision? If enough members of Congress and other stakeholders to the integrity of the federal civil service file amicus curiae briefs when Mr. Carson files a petition for panel rehearing that request the Court issue a precedential decision, it well might.

Mr. Carson has filed an unopposed motion to extend the time until June 15, 2017 to file a petition for panel rehearing.

01/07/2017

Joseph Carson, PE is a multiple-time prevailing whistleblower in US Department of Energy (DOE). He has been confronting government law-breaking in federal agencies for a quarter-century now. His strongest lasting reaction to 9/11 is relief - at least it was not nuclear, knowing as he does the deep-seated corruption and dysfunction in DOE, which is the custodian of America's nuclear stockpile and the lead federal agency for securing nuclear weapons materials around the world.

He publicly claims that the U.S. Office of Special Counsel (OSC) is a decades-long law-breaking fraud, that the US Merit Systems Protection Board (MSPB) is its law-breaking enabler, and that this compounded, continuing federal agency law-breaking has allowed corruption and dysfunction to take deep root and flourish in many federal workplaces, putting our unprecedented global civilization at increased risk of large-scale, if not near total, collapse in coming decades, with billions of attendant, unnatural deaths.

His analysis of the statutory scheme and implementing agencies for regulating the management culture in federal agencies, in which OSC and MSPB have singular, critical, responsibilities, can be found here.

On February 8, 2017 at 10:00 AM in the U.S. Court of Appeals for the Federal Circuit in Washington, DC oral argument occurred in Mr. Carson's unprecedented reprisal appeal against OSC, Carson v. MSPB, docket no. 15-3135;-3211. The three judge panel was Presiding Judge Pauline Newman, Judge Kimberly Moore, and Judge Kathleen O'Malley.

The unprecedented issues of law in the appeal are:

Whether a federal agency employee can experience a "significant change in working conditions" when OSC fails or refuses to comply with aspects of his non-discretionary statutory (i.e. "shall") duties to protect them from reprisal

Whether a federal agency employee can experience a "significant change in working conditions" when a federal agency ignores their whistleblower disclosures.

All the case filing linked below are also available at the Court's PACER website.